DAR File No. 27247

Commerce, Occupational and Professional Licensing

R156-46a

Hearing Instrument Specialist Licensing Act Rules

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27247
Filed: 06/24/2004, 03:51
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 46a, provides for the licensure of hearing instrument specialists and hearing instrument interns. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-46a-201(3)(a) provides that the Hearing Instrument Specialist Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 46a, with respect to hearing instrument specialists and hearing instrument interns.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in August 1999, it has been amended three times. In March 2003, amendments were made to the rule as a result of statute changes during the 2002 legislative session. A March 11, 2003, rule hearing was held regarding the proposed amendments. The Division received no written comments with respect to the proposed amendments. In October 2001, the rule was amended to clarify the continuing education requirements. An October 10, 2001, rule hearing was held regarding the proposed amendments. The Division received no written comments with respect to the proposed amendments. However, several nonsubstantive changes were noted during the October 10, 2001, rule hearing and those nonsubstantive changes were filed with the Division of Administrative Rules on October 16, 2001. Finally, the rule was amended in July 2001 to delete references to a quality assurance program as a result of statute changes made during the 2001 legislative session. The Division received no written comments with respect to these proposed amendments.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it clarifies the provisions of Title 58, Chapter 46a, with respect to hearing instrument specialists and hearing instrument interns.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Authorized by:

J. Craig Jackson, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.